Rep. Lamont J. Robinson, Jr.

Filed: 4/9/2019

 

 


 

 


 
10100HB2670ham002LRB101 09670 RPS 59354 a

1
AMENDMENT TO HOUSE BILL 2670

2    AMENDMENT NO. ______. Amend House Bill 2670 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-131 as follows:
 
7    (20 ILCS 2105/2105-131)
8    Sec. 2105-131. Applicants with criminal convictions;
9notice of denial.
10    (a) For the purposes of this Section, "mitigating factors"
11means any information, evidence, conduct, or circumstances
12before, during, or after the offense or offenses reviewed by
13the Department that may reflect on an applicant's request for
14licensure, registration, or certification through the
15Department, such as 3 years having passed since release from
16confinement. Mitigating factors are not a bar to licensure,

 

 

10100HB2670ham002- 2 -LRB101 09670 RPS 59354 a

1instead they provide guidance for the Department when
2considering licensure, registration, or certification for an
3applicant with criminal history.
4    Except as provided in Section 2105-165 of this Act
5regarding licensing restrictions based on enumerated offenses
6for health care workers as defined in the Health Care Worker
7Self-Referral Act and except as provided in any licensing Act
8administered by the Department in which convictions of certain
9enumerated offenses are a bar to licensure, the Department,
10upon a finding that an applicant for a license, certificate, or
11registration was previously convicted of a felony or
12misdemeanor that may be grounds for refusing to issue a license
13or certificate or to grant a granting registration, shall
14consider any mitigating factors and evidence of rehabilitation
15contained in the applicant's record, including the
16circumstances surrounding the offense or offenses and any of
17the following, to determine whether a prior conviction will
18impair the ability of the applicant to engage in the practice
19for which a license, certificate, or registration is sought:
20        (1) the lack of direct relation of the offense for
21    which the applicant was previously convicted to the duties,
22    functions, and responsibilities of the position for which a
23    license is sought;
24        (2) any mitigating factors from the point of arrest or
25    indictment when determined to be appropriate, unless
26    otherwise specified and including, but not limited to,

 

 

10100HB2670ham002- 3 -LRB101 09670 RPS 59354 a

1    whether 5 years since a felony conviction or 3 years since
2    release from confinement for the conviction, whichever is
3    later, have passed without a subsequent conviction;
4        (3) if the applicant was previously licensed or
5    employed in this State or other states or jurisdictions,
6    the lack of prior misconduct arising from or related to the
7    licensed position or position of employment;
8        (4) the age of the person at the time of the criminal
9    offense;
10        (4.5) if, due to the applicant's criminal conviction
11    history, the applicant would be explicitly prohibited by
12    federal rules or regulations from working in the position
13    for which a license is sought;
14        (5) successful completion of sentence and, for
15    applicants serving a term of parole or probation, a
16    progress report provided by the applicant's probation or
17    parole officer that documents the applicant's compliance
18    with conditions of supervision;
19        (6) evidence of the applicant's present fitness and
20    professional character;
21        (7) evidence of rehabilitation or rehabilitative
22    effort during or after incarceration, or during or after a
23    term of supervision, including, but not limited to, a
24    certificate of good conduct under Section 5-5.5-25 of the
25    Unified Code of Corrections or certificate of relief from
26    disabilities under Section 5-5.5-10 of the Unified Code of

 

 

10100HB2670ham002- 4 -LRB101 09670 RPS 59354 a

1    Corrections; and
2        (8) any other mitigating factors that contribute to the
3    person's potential and current ability to perform the job
4    duties.
5    (b) If the Department refuses to issue a license or
6certificate or grant registration to an applicant based upon a
7conviction or convictions, in whole or in part, the Department
8shall notify the applicant of the denial in writing with the
9following included in the notice of denial:
10        (1) a statement about the decision to refuse to grant a
11    license, certificate, or registration;
12        (2) a list of convictions that the Department
13    determined will impair the applicant's ability to engage in
14    the position for which a license, registration, or
15    certificate is sought;
16        (3) a list of convictions that formed the sole or
17    partial basis for the refusal to issue a license or
18    certificate or grant registration; and
19        (4) a summary of the appeal process or the earliest the
20    applicant may reapply for a license, certificate, or
21    registration, whichever is applicable.
22(Source: P.A. 100-286, eff. 1-1-18.)".